Here's Our
STANDARD CONTRACT
For Your Review
NORTHERN
LIGHTS LITERARY SERVICES LLC
306 North Center Valley Road
Sandpoint, Idaho 83864
Phone: 999 999-9999 – Fax: 888 888-8888
Dear (Author Name):
The following will delineate the terms and conditions of the
working agreement between you and Northern Lights Literary
Services LLC:
A. Duration:
As of the date this agreement is signed, Northern Lights
Literary Services LLC, (306 North Center Valley Road, Sandpoint,
ID, 83864, USA) shall serve as exclusive literary agent for
(Author Name) (Author Address). Either party may terminate this
agreement by giving the other 30 days notice. Notice of
termination must be in written form and sent by certified mail,
return receipt requested, mailed to the address shown above and
to (Author Name + Author Address); and by email to the client: (Author
Email Address).
During the term of the agreement, (Author Name) (hereafter
defined as "Client") authorizes Northern Lights Literary
Services LLC (hereafter defined as "Literary Agent"), to
negotiate for the disposition of Literary Rights to Client’s
work (Name of Client’s Work) throughout the world. Client
reserves final control over negotiations and any agreement
disposing of the Literary Rights, which shall not be binding
without Client’s signature.
C. How "Literary Rights" is Defined:
The term Literary Rights is defined to mean Publishing Rights,
Motion Picture Rights, Stage Rights, Television Rights, Foreign
Rights, Audio Rights, Electronic Rights, and Merchandising
Rights to Client’s works. Literary Agent has the right to hire
sub-agents for the disposition of the Motion Picture Rights,
Stage Rights, Television Rights, and Foreign Rights.
Merchandising rights shall be non-exclusive. Client is free to
pursue independent merchandising activity. However, in order to
prevent duplication of effort, Client agrees to promptly inform
Literary Agent of any such activity.
D. Activity reports
Agent will provide Client with periodic email activity reports
containing the following information: date, contact-name,
response, and any appropriate notes or annotations. Literary
Agent agrees to inform Client by email, no later than the next
business day, of any new activity that occurs regarding the
Client’s work being represented. In addition, Client may request
an activity report from Literary Agent at any time, but not more
often than twice per month.
E. Compensation and Reimbursement:
Literary Agent shall be compensated with a commission equal to
15% of Client’s gross receipts from the sale or other
disposition of rights to Client’s works covered under this
agreement. This does not include revenues paid to Client from
existing or past agreements. If Literary Agent retains a
sub-agent for the Foreign Rights, commission shall be 20% of all
monies collected in Foreign Rights. With the exception of normal
expenses, Literary Agent will be responsible for any payments to
sub-agents that Literary Agent may incur.
F. Expenses:
When a work has been successfully sold in one of the markets
under submission (domestic and/or foreign), advance approval
will be obtained from the Client for any expense that Literary
Agent may be asked to incur on Client’s behalf, and will be
deducted from monies collected, in addition to Literary Agent’s
commission. Copies of receipts and invoices for all approved
expenses shall be made available to Client on a monthly basis.
Client is not responsible for any expenses if work is not sold
by agent.
G. Payment to Client and Literary Agent:
Gross receipts shall be paid directly to Literary Agent. Within
ten business days after receipt of payment, Literary Agent will
pay Client all collected amounts, less listed expenses and
agreed- upon commission. At that time literary agent will also
provide Client with an accounting reflecting the gross receipts
received, with the commissions and itemized expenses deducted
therefrom. All commissions received by Literary Agent are paid
irrevocably.
H. Effect of Sale of Rights after Termination of Agreement:
If Client sells or transfers Literary Rights in Client’s works
to a person or a company to which Literary Agent submitted a
proposal for the sale of those rights during the term of this
agreement, then Literary Agent will be entitled to their full
commission if the sale or transfer of rights takes place within
one year after the agreement terminates. It is agreed that
Literary Agent’s claim must be validated by providing Client
with copies of previous activity reports, showing that the
substantial reason for the sale was a direct result of the
efforts of the Literary Agent. The Literary Agent’s right to be
compensated for a sale or disposition of rights under this
agreement, once earned, shall continue even after the agreement
terminates.
I. Warranties, Representations, and Indemnification:
The parties each represent and warrant that they have the right
to make this agreement without impairing anyone else’s rights,
and that they agree not to make any commitment about the works
that conflict with this agreement. The parties agree that they
shall indemnify the other and hold the other harmless against
any claim based on any alleged breach of the provision of this
paragraph.
J. Disagreements:
If either party has a disagreement as to the interpretation of
this agreement, the parties will attempt to resolve the
disagreement through discussion. If the parties are unable to
resolve the disagreement, the parties agree to submit the
disagreement to binding arbitration before a single arbitrator
chosen by the parties. If the parties are unable to agree on an
arbitrator, the parties will each appoint a representative who
will choose a single arbitrator. The parties agree to arbitrate
the disagreement in accordance with and pursuant to the then
existing rules of the American Arbitration Association. The
parties also agree that an arbitrator may award reasonable costs
and attorney fees to the winning party, and that the arbitration
award may be enforced in any court with jurisdiction. Client has
the right to the production of documents (discovery) and the
right to depositions prior to the evidentiary hearing. The
location of the arbitration shall be agreed upon between the
parties.
K. Inspection of Books:
Upon written request, the Client or his representative shall
have the right to examine the records of the Literary Agent
pertaining to Client’s works. Any such examination shall occur
not more than twice in a calendar year at the agency’s office
during normal business hours and shall be arranged at a mutually
agreeable time.
L. Successors and Assigns:
This agreement shall be binding on any and all successors and
assigns of both parties.
M. Independent Review:
We recommend review of this agreement by independent counsel.
This shall set forth the entire agreement between Literary Agent
and Client, and may not be modified, waived or added to except
in writing and signed by both parties.
Northern Lights Literary Services LLC Agreed and accepted:
|
_____________________________
Sammie L. Justesen,
Manager
_____________________________
Date |
_____________________________
Client
_____________________________
Date |
